Rogers v. Cummings
Supreme Court of Iowa
Appeal from Dubuque City Court. Trespass for seizing and selling goods which did not belong to the defendant in the execution. Judgment by default against defendant, who, two days thereafter, moved the court to set aside said default, which motion was based upon several affidavits showing a meritorious defense, and what was claimed to be a reasonable excuse for having made such default. Motion sustained and default set aside.
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Appeal from Dubuque City Court. Trespass for seizing and selling goods which did not belong to the defendant in the execution. Judgment by default against defendant, who, two days thereafter, moved the court to set aside said default, which motion was based upon several affidavits showing a meritorious defense, and what was claimed to be a reasonable excuse for having made such default. Motion sustained and default set aside. Plaintiffs excepted, and upon this exception alone the cases comes into , this court.
1Opinion of the CourtLowe, C. J.
Applications of this kind are so entirely addressed to the favor and discretion of the court that unless it is clear and manifest, from the circumstances developed, that the court has abused this discretion we should not disturb such ruling. "When all the facts brought to light in the four affidavits made in support of the motion are duly considered we are by no means satisfied that the court abused its discretion.
Judgment affirmed.
2Cited by5 opinions
- Callanan v. Ætna National Bank of HartfordSupreme Court of Iowa · 1891
- Capital Savings Bank & Trust Co. v. SwanSupreme Court of Iowa · 1897
- Mogelberg v. ClevingerSupreme Court of Iowa · 1895
- Martin v. ReeseSupreme Court of Iowa · 1898
- Iowa Savings & Loan Ass'n v. KentSupreme Court of Iowa · 1906